Bosnia's high representative suspends controversial immovable property law

BELGRADE, Serbia

The High Representative of Bosnia and Herzegovina announced Monday that he had suspended a controversial immovable property law in the Republika Srpska (RS) entity, a day before it was expected to come into force.

Following an extraordinary meeting of the Peace Implementation Council (PIC), Christian Schmidt used his “Bonn Powers” to suspend the RS Law on Immovable Property Used for Functioning of Public Authority, which had been voted on in the National Assembly of the Republika Srpska (NSRS) in December despite a decision by the Constitutional Court of Bosnia and Herzegovina that immovable properties belong to the state, not the entity.

According to the statement, Schmidt suspended the law until the final decision of the Constitutional Court in order to protect state property.

The Office of the High Representative was established with the Dayton Peace Agreement that ended the 1992-1995 war in Bosnia Herzegovina. It oversees the implementation of the peace agreement on behalf of the international community. The high representative also coordinates the activities of international institutions operating in the country.

The high representative has the authority to dismiss anyone who interferes with the implementation of peace in the country, including members of the Presidential Council, and to pass laws as necessary. The powers are dubbed "Bonn powers."

Arguing that the immovable properties belong to the entities according to the Dayton Peace Treaty, which ended the war in Bosnia and Herzegovina, RS said the administration of the properties is also theirs under the said law.

While the unconstitutional law on immovable properties was expected to enter into force on Feb. 28, the public institutions used by the RS under the law are claimed to be "part" of them.

Meanwhile, Denis Becirovic, the Bosniak Member of the Presidential Council of Bosnia and Herzegovina, applied to the Constitutional Court to evaluate whether the law is in conformity with the constitution.